Terms and Conditions

 

FITS.MY

Binding Agreement

  1. This Fits.my Website is provided to you for your use subject to these Terms. These Terms form a binding agreement between you and Fits.my. By accessing or using the Fits.my Website you agree to accept and/or to be bound by these Terms.
  2. You agree to use the Fits.my Website at your own risk. In the event of any conflict between these Terms and any contract you have with Fits.my, these Terms will take precedent.
  3. These Terms may be updated from time to time for legal or regulatory reasons or to allow the proper operation of the Fits.my Website. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Fits.my Website. The changes will apply to the use of the Fits.my Website after we have given you notice. If you do not wish to accept the new Terms you should not continue to use the Fits.my Website. If you continue to use the Fits.my Website after the date on which the change comes into effect, your use of the Fits.my Website indicates your agreement to be bound by the new Terms.

 

Registration, Password and Security

  1. You are eligible to register into this Website if you agree that:
    • You are at least 15 years of age or above, and
    • You ensure that the details provided by you on the registration or at any time are correct and complete, and
    • You are now already restricted by Fits.my to use the Services.
  2. Any changes of the information that you provided must be informed immediately to us by updating your personal details so that we can communicate with you effectively.
  3. Password and security. When you register to use the Fits.my Website you will be asked to create a password and the password must be strong and secured. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us. If Fits.my has reason to believe that there is likely to be a breach of security or misuse of the Fits.my Website, we may require you to change your password or we may suspend your account.
  4. As a result of your loss of your Password or the misuse of the Fits.my Website: all losses or damage incurred thereby shall be borne by you; and you shall fully indemnify Fits.my should Fits.my suffer any loss or damage.

 

Intellectual Property

  1. Fits.my Website, all rights, title and interest in and to Fits.my Website are the exclusive property of Fits.my or its licensors.
  2. Fits.my Website  are protected by copyright, trade mark, database right and other intellectual property rights. You may retrieve and display Fits.my. Content of the Fits.my Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or Fits.my Content on the Fits.my Website without written permission from Fits.my.
  3. Availability of the Fits.my Website. Our aim is to offer you the best service possible, but we make no promise that the services at the Fits.my Website will meet your requirements. We cannot guarantee that the Fits.my Website will be fault-free, error-free, or that Fits.my Website and servers are free of viruses or other harmful mechanisms. If a fault occurs with the Fits.my Website you should report it here and we will attempt to correct the fault as soon as possible.
  4. Your access to the Fits.my Website may be occasionally restricted to allow for repairs, maintenance or upgrading services. We will attempt to restore access and/or service as soon as we reasonably can.

 

Your use of the Fits.my Website

  1. Fits.my hereby grants you a limited, terminable, non-exclusive right to access and use Fits.my Website only for your personal use and/or employment purposes.
  2. Fits.my Website may not be used for any of the following purposes such as harassing, libellous, disseminating any unlawful, harmful, vulgar, threatening, abusive, obscene, or otherwise objectionable material or otherwise breaching any laws; aggregating, copying or duplicating in any manner any of the Fits.my Content or information available from any Fits.my Website, including expired job postings; reproducing any of the Fits.my Content for general use; link to any Fits.my Content or information available from any Fits.my Website; transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice; interfering with any other person’s use or enjoyment of the Fits.my Website; or making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
  3. You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Fits.my Website.

 

Your use of the Fits.my Services

  1. The Fits.my Services may be used only by: individuals seeking employment, and career and career-related information, such as education and voluntary services; Employers or their agents seeking candidates for employment purposes; and Advertisers.
  2. Your use of the Fits.my Services is also subject to any other contracts you may have with Fits.my. In the event of any conflict between these Terms and any contract you have with Fits.my, these Terms will prevail.
  3. All Users agree to not:- transmit, post, distribute, store or destroy material, including without limitation Fits.my Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Fits.my’s  Privacy Policy; violate or attempt to violate the security of any Fits.my Website; reverse engineer or decompile any parts of any Fits.my Website; aggregate, copy or duplicate in any matter any of the Fits.my Content or information available from any Fits.my Website, including expired job postings, other than as permitted by these Terms; post any content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities, OR endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media, OR promotes or endorses any political views; post any profile, resume or apply for any job on behalf of another party; share with a third party any login credentials to any Fits.my Website; access data not intended for you or logging into a server or account which you are not authorized to access; post or submit to any Fits.my Website any inaccurate, incomplete, misleading, false, not up to date biographical information or information which is not your own; post content that contains restricted or password-only access pages, or hidden pages or images; solicit passwords or personally identifiable information from other Users; delete or alter any material posted by any other person or entity; harass, incite harassment or advocate harassment of any group, company or individual; send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by you; attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Fits.my Website, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”. use the Fits.my Services for any unlawful purpose or illegal activity, or post or submit any content, profile,  resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Fits.my’s discretion; or post any profile or resume which is not a genuine profile or resume and which attempts to advertise or promote products or services.
  4. Violations of network security may result in civil and/or criminal liability. Fits.my will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

 

Additional Terms applicable to Employers

  1. Fits.my hereby grants you a limited, terminable, non-exclusive right to access and use Fits.my Website for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of Fits.my Content or materials on Fits.my Website solely for your use directly related to searching for and recruiting Candidates.
  2. Fits.my also grants you a limited, terminable, non-exclusive right to use Fits.my Services for your internal use only.
  3. Fits.my have the rights to contact the candidates and require them to update their resume to ensure that Fits.my has an updated data.
  4. You are responsible for maintaining the confidentiality of your Employer account, Company Profiles and passwords, as applicable.
  5. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be strictly liable and/or responsible for all uses of your Fits.my Website registrations and passwords, whether or not authorized by you.
  6. You agree to immediately notify Fits.my of any unauthorized use of your employer account, Company Profiles or passwords.
  7. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with Fits.my Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trade mark, obscenity, rights or publicity or privacy, and defamation laws.
  8. Employers acknowledge and agree that it shall disregard any personal data received from the Candidate which are irrelevant to obtaining and assessing the suitability of candidates.
  9. Employers are solely responsible for the Employer Materials on Fits.my Website. Fits.my is not to be considered to be an employer with respect to your use of any Fits.my Website and Fits.my shall not be responsible for any employment decisions, for whatever reasons, made by any entity posting jobs on any Fits.my Website.
  10. Employer Materials may not contain:- misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented; names, logos or trademarks of unaffiliated companies; inaccurate, false, or misleading information; and material or links to material that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful, or solicits personal information from anyone under 18.
  11. You may not use your Employer Materials to:- post jobs in a manner that does not comply with applicable local, national laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property; sell, promote or advertise products or services;post any franchise, pyramid scheme, distributorship, or multi-level marketing opportunity; advertise home-based and/or internet-based employment. (e.g. work at home jobs, part time jobs, freelance typist or job/business offers with similar operating mechanism); promote any opportunity that does not represent bona fide employment; and advertise sexual services or seek employees for jobs of a sexual nature.
  12. Fits.my does not encourage any Employer Materials on Fits.my Website that request Candidates to pay deposits, placement fees, processing fees or any other similar fees, directly or indirectly, and/or require Candidates to make purchases.
    1. Fits.my is under no obligation to monitor the Employer Materials on Fits.my Website, but Fits.my may monitor the Employer Materials at random.
    2. Fits.my does not allow job advertisements that advertise more than 1 job position in each job posting.
    3. Fits.my reserves the right to remove any Employer Materials or content from any Fits.my Website, which in the reasonable exercise of Fits.my’s discretion, does not comply with this Section, or if any content is posted that Fits.my believes is not in the best interest of Fits.my.
    4. Reposting of the same position is allowed 14 days after the job posting date to minimize resending to same users in a short time period and duplication of job advertisements on Fits.my Websites.
    5. Fits.my may terminate your use of Fits.my Services if at any time during your use of Fits.my, you made a misrepresentation of fact to Fits.my or otherwise misled Fits.my in regards to the nature of your business activities or breach of the Terms. Any payment made by you shall be forfeited.
    6. You understand and acknowledge that if you cancel your Employer account or your Employer account is terminated, all your account information from Fits.my, including saved Fits.my Profiles and resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Fits.my Databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Fits.my’s web servers.

 

Additional Terms applicable to Employees

  1. Fits.my hereby grants you a limited, terminable, non-exclusive right to access and use Fits.my Website only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the Fits.my Content or material on Fits.my Website solely for your personal, non-commercial use. When you register with any Fits.my Website, you will be asked to create an account and provide Fits.my with certain information including a valid email address.
  2. Any Fits.my Profile you submit must be accurate, complete, up to date and not misleading. The Fits.my Profile requires standard fields to be completed by you. You may not impersonate another person, living or dead.
  3. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Fits.my Profile and resume or material contained therein placed by you on the Fits.my Website.
  4. You acknowledge and agree that you are solely responsible for any consequences arising from such posting.
  5. Based on the preferences that you identify in your registration and at any time thereafter or you have agreed to receive, Fits.my reserves the right to offer third party services and products to you and such offers may be made by Fits.my or by third parties.
  6. In addition, Fits.my reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User information. In addition, third parties may retain cached copies of User information.
  7. You understand and acknowledge that all information provided by you, your Fits.my Profile, resume, and/or account information shall be disclosed to prospective Employers.
  8. You understand and acknowledge that you have no ownership rights in your account and that if you cancel your Fits.my account or your Fits.my Account is terminated, all your account information from Fits.my, including Fits.my Profile, resumes, cover letters, saved jobs, will be marked as deleted in and may be deleted from Fits.my Databases and will be removed from any public area of the Fits.my Website. Information may continue to be available for some period of time because of delays in propagating such deletion through Fits.my’s web servers. In addition, third parties may retain saved copies of your information.
  9. Fits.my reserves the right to delete your account and all of your information after a significant duration of inactivity. We don’t promise to store or keep showing any information and content that you’ve posted.
  10. Fits.my is not a storage service. You agree that we have no responsibilities to store, maintain or provide you a copy of any content that you or others provide, except to the extent required by applicable law and noted in our Terms.

 

User Content and submissions

  1. You understand that all User Content is the sole responsibility of the person from which such User Content originated.
  2. You understand and acknowledge that all information provided by you, your Fits.my Profile, resume, and/or account information shall be stored in Fits.my Databases and/or Fits.my Resume Databases.
  3. You understand, acknowledge and consent that all information provided by you, your Fits.my Profile, resume, and/or account information may be transferred to countries outside of your location for the purposes of storing and/or processing.
  4. By submitting, posting or displaying User Content on or through Fits.my Website, you grant Fits.my, subject to your privacy setting, a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through Fits.my Website. Fits.my will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Fits.my Website. Fits.my reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
  5. If you post User Content in any public area of any Fits.my Website, you also permit any User to access, view, store and reproduce such User Content for personal use.
  6. Fits.my may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Fits.my Website. Fits.my reserves the right to expel Users and prevent their further access to the Fits.my Website and/or use of Fits.my Services for violating the Terms or applicable laws, rules or regulations. Fits.my may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Fits.my, damage Fits.my’s brand or public image, or cause Fits.my to lose Users.
  7. Fits.my does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Fits.my endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

 

Payment of fees

  1. All amounts owed to Fits.my must be paid within the specified payment terms from the date of the invoice.
  2. Fits.my may charge interest at 7% per annum on any late payment.
  3. Advertisers shall be liable for full payment of fees from the commencement of the contracts and/or sales orders. Payment must be made notwithstanding any errors or omissions in the advertisements.
  4. All prices quoted are exclusive of any applicable taxes unless specifically noted otherwise.
  5. You’ll honor your payment obligations and you are agree with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. We don’t guarantee refunds.

 

Term and Termination

  1. These Terms will remain in full force and effect while you are a user of any Fits.my Website.
  2. Fits.my reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the Fits.my Website and immediate termination of your registration with or ability to access the Fits.my Website and/or any other services provided to you by Fits.my, upon any breach by you of these Terms or if Fits.my is unable to verify or authenticate any information you submit to a Fits.my Website registration.
  3. Even after you are no longer a User of the Fits.my Website, certain provisions of these Terms will remain in effect, including Sections 5, 13, 15, 16, 17 and 20, inclusive.

 

Fits.my’s right of suspension or cancellation of your registration

  1. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms.
  2. You can cancel your registration at any time by informing us in writing here. If you do so, you must stop using the Fits.my Website.
  3. The suspension or cancellation of your registration and your right to use the Fits.my Website shall not affect either party’s statutory rights or liabilities.

 

Fits.my’s liability

  1. Fits.my Website act as, among other things, venues for:- Employers or their agents to post job opportunities and search for and evaluate job candidates; candidates to post Fits.my Profiles and resumes and search for and evaluate job opportunities; and Advertisers to post their advertisements.
  2. Fits.my does not screen or censor the listings, including Fits.my Profiles offered. Fits.my is not involved in the actual transaction between employers and candidates. As a result, Fits.my is not responsible for User Content, the quality, safety or legality of the jobs or Fits.my or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Fits.my makes no representations about any jobs, Fits.my Profiles, resumes or User Content on the Fits.my Website.
  3. Fits.my reserves the right in its sole discretion to remove any User Content including but not limited to Fits.my Profiles, Company Profiles, Employer Materials, or other material from the Fits.my Website from time to time. When Fits.my exercises this discretion and there is a breach of these Terms by the User, any payment made by the User will be forfeited.
  4. Fits.my has the right to change and modify prices prospectively within our discretion. To the extent under the law, these changes may be effective upon notice provided to you.
  5. The Fits.my Website also provides content from other internet sites or resources and while Fits.my tries to ensure that material included on the Fits.my Website is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. We will attempt to correct the inaccuracies as soon as we reasonably can whenever Fits.my is informed of any inaccuracies in the material on the Fits.my Website.

 

Note: that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Fits.my Website. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some event will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Fits.my Website.

 

  1. Fits.my makes no representations about the accuracy, reliability, completeness, or timeliness of any Fits.my Website or the Fits.my Content as Fits.my Website and Fits.my Content may contain inaccuracies or typographical errors. The use of all Fits.my Website and the Fits.my Content is at your own risk.
  2. Nothing on Fits.my Website shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web sites, products, services, hiring, experience, employment or recruiting practices, or otherwise.
  3. If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time you use the Fits.my Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
  4. The aggregate liability by Fits.my to you for all claims arising from your use of Fits.my Website and/or Fits.my Services shall be limited to the amount of the existing package fee subscribed to and paid by you and operative at that time, or in the event you are a Candidate, shall be limited to RM100.

 

Disclaimers

  1. Fits.my shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of Fits.my Services or for Fits.my Content, accuracy or quality of information available or transmitted through Fits.my Services.
  2. You acknowledge and agree that it is not Fits.my’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through Fits.my Website and/or Fits.my Services.

 

Refund

  1. Any refund of payment made to Fits.my shall be at the sole discretion of Fits.my.

 

Advertising and Sponsorship Policy

  1. Part of the Fits.my Website may contain advertising and sponsorship. Advertisers and sponsors have the responsibilities to ensure that material posted for inclusion on the Fits.my Website complies with any relevant laws and codes.
  2. Fits.my reserves the right to refuse to run any advertisements that, in Fits.my sole discretion, are not suitable for publication on any of the Fits.my Website.
  3. Fits.my will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

 

Third Party Website

  1. As a convenience to customers, the Fits.my Website includes links to other web sites or material which are beyond its control. Fits.my is not responsible for content on any site outside the Fits.my Website.

 

Indemnity

  1. You agree to defend, indemnify, and hold harmless Fits.my, and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:- any User Content or other material you provide to any Fits.my Website; Your use of any Fits.my Content; orYour breach of these Terms. Fits.my shall provide notice to you promptly of any such claim, suit or proceeding.

 

Applicable Law

  1. These Terms will be subject to the laws of Malaysia.
  2. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Malaysia.

 

International Use

  1. We make no promise that materials on the Fits.my Website are appropriate or available for use in your location, and accessing the Fits.my Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Fits.my Website from your location, you do so on your own initiative and are responsible for compliance with local laws.

 

Miscellaneous

  1. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
  2. If you breach these Terms and Fits.my chooses to ignore this, Fits.my will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
  3. Fits.my shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
  4. If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provision not affected by such invalidity or unenforceability shall remain in full force and effect.
  5. Fits.my has taken every reasonable steps to complied and will continue to comply with its obligations as a data processor arising from the data protection and privacy laws in force from time to time to the extent that those obligations are relevant to this Agreement. Further, we have taken steps to implement and shall maintain an information security program including reasonable administrative, technical and physical measures designed to secure and protect the confidentiality, integrity and availability of all Confidential Information while in such party’s possession against unauthorized, unlawful or accidental access, disclosure, transfer, destruction, loss or alteration. The term Confidential Information will not, however, include any information that identifies or directly relates to natural persons (“Personal Data”). Each party will exercise commercially reasonable efforts not to disclose any Personal Data to the other party and to restrict the other party’s access to its Personal Data, but if a party is given access to the other party’s Personal Data, the receiving party will protect such Personal Data using a reasonable standard of care.